Land Act, 1927

Provisions for tenanted land which is suitable for building ground.

7.—(1) Notwithstanding the provisions of clause (e) of sub-section (2) of section 24 of the Land Act, 1923 , a holding shall not be wholly excluded from the operation of sub-section (1) of the said section by reason of its potential or actual value or utility for building ground, if in the opinion of the Judicial Commissioner part only of the lands comprised in the holding possesses a potential or actual value or utility for building ground, and the Judicial Commissioner, having regard to all the circumstances, considers it expedient that the remainder of the holding should be treated as a separate holding to which the provisions of the Land Act, 1923 , should apply, but in every such case the Judicial Commissioner may by order direct that the holding be sub-divided and the rent thereof apportioned and that the part of the holding possessing such potential or actual value or utility for building ground shall thenceforth be held during the continuance of the tenancy as a separate holding, to which the Land Act, 1923 , does not apply at the rent apportioned upon it by the said order and subject to the terms and conditions to which the entire holding was subject before the making of the said order or to such of them as shall be still applicable to the said part of the holding, and that the remainder of the holding shall be treated as a separate holding to which the Land Act, 1923 , does apply subject to the residue of the said entire rent and to the terms and conditions to which the entire holding was subject before the making of the said order or to such of them as shall be still applicable to the remainder of the holding.

(2) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923 , solely by reason or on account of its potential or actual value or utility as building ground, was at the passing of the said Act held by the tenant under a lease (other than a building lease), the tenant shall at the expiration of such lease, if in bona fide occupation of the holding or the part thereof so excluded as aforesaid, be deemed to be a tenant of a present ordinary tenancy from year to year at the rent or apportioned rent as the case may be, and subject to the conditions of his lease, so far as such conditions are applicable to a tenancy from year to year although the lease may not have been existing at the passing of the Land Law (Ireland) Act, 1881 .

(3) No order made under the above sub-section sub-dividing a holding shall alter or affect the liability of the tenant for rent or arrears of rent accrued due up to and including the gale day next preceding the date of the order, but from this gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923 , shall commence.

(4) Where a holding is sub-divided pursuant to the last preceding sub-section the Land Commission shall have power to confer and define such right or rights of way over any part of the lands comprised in the holding to and from any other part of the lands therein comprised as they may consider necessary or expedient.

(5) No person shall be precluded from making an application to the Judicial Commissioner for an order under this section for the sub-division of a holding by reason only that an order has been made before the passing of this Act declaring that the holding is excluded from the provisions of the Land Act, 1923 , by clause (e) of sub-section (2) of section 24 of the said Act.

(6) On the expiration of five years from the passing of this Act where any lands, which were at the passing of the Land Act, 1923 , tenanted lands excepted from the provisions of sub-section (1) of section 24 of the said Act by reason or on account of their potential or actual value or utility as building ground, have not been resumed and utilised for building purposes during the said period, the Judicial Commissioner may order that the Land Act, 1923 , shall apply to the whole or any part of the said lands and the provisions of the said Act shall apply thereto as from such date and subject to such conditions as the Judicial Commissioner may direct: Provided that no such order as aforesaid shall be made in respect of any lands if the landlord proves to the satisfaction of the Judicial Commissioner that he intends forthwith to resume the same (if not then resumed) with the definite purpose of utilising them as building ground, and the Judicial Commissioner is satisfied that the lands will be utilised for building purposes within such further period of time as may be fixed by him and provided also that when the landlord proves to the satisfaction of the Judicial Commissioner that he has expended money in developing the lands for building the said period of five years may be extended to such further period as the Judicial Commissioner may consider reasonable having regard to the amount of money so proved to have been expended.

Upon every application by a tenant for an order pursuant to this sub-section, the Judicial Commissioner shall have and may exercise the powers of sub-division and apportionment conferred on him by sub-section (1) of this section.

(7) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923 , solely by reason of or on account of its potential or actual value as building ground is held by the tenant under a lease containing no provision enabling the landlord to resume possession of such land for building purposes, then notwithstanding the absence of such provision the landlord may at any time during the period of five years mentioned in the foregoing sub-section, or such extended period as the Judicial Commissioner may fix as aforesaid, resume the holding, or the part of the holding so excluded, for the purpose of building.

(8) During the aforesaid period of five years the tenant of the lands so excluded shall not be compelled to quit the same or any part thereof, except in consequence of the breach of some one or other of the conditions of his tenancy, unless the landlord is desirous of resuming the lands or part thereof for the immediate purpose of utilising the same as building ground.